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Micro Focus End User License Agreement – Enterprise Version

1. Applicability. This end user license agreement (the "Agreement") governs the use of
accompanying software, unless it is subject to a separate agreement between you and Micro Focus
International plc and its subsidiaries (“Micro Focus”). By downloading, copying, or using the software you
agree to this Agreement. Micro Focus provides translations of this Agreement in certain languages other
than English, which may be found at: https://software.microfocus.com/about/software-licensing.

2. Terms. This Agreement includes supporting material accompanying the software or referenced by
Micro Focus, which may be software license information, additional license authorizations, software
specifications, published warranties, supplier terms, open source software licenses and similar content
("Supporting Material"). Additional license authorizations are at:
https://software.microfocus.com/about/software-licensing.

3. Authorization. If you agree to this Agreement on behalf of another person or entity, you warrant
you have authority to do so.

4. Consumer Rights. If you obtained software as a consumer, nothing in this Agreement affects your
statutory rights.

5. Electronic Delivery. Micro Focus may elect to deliver software and related software product or
license information by electronic transmission or download.

6. License Grant. If you abide by this Agreement, Micro Focus grants you a non-exclusive non-
transferable license to use one copy of the version or release of the accompanying software for your
internal purposes only, and is subject to any specific software licensing information that is in the software
product or its Supporting Material.

Your use is subject to the following restrictions, unless specifically allowed in Supporting Material:
 You may not use software to provide services to third parties.
 You may not make copies and distribute, resell or sublicense software to third parties.
 You may not download and use patches, enhancements, bug fixes, or similar updates unless you
have a license to the underlying software. However, such license doesn't automatically give you a right
to receive such updates and Micro Focus reserves the right to make such updates only available to
customers with support contracts.
 You may not copy software or make it available on a public or external distributed network.
 You may not allow access on an intranet unless it is restricted to authorized users.
 You may make one copy of the software for archival purposes or when it is an essential step in
authorized use.
 You may not modify, reverse engineer, disassemble, decrypt, decompile or make derivative works
of software. If you have a mandatory right to do so under statute, you must inform Micro Focus in
writing about such modifications.

7. Remote Monitoring. Some software may require keys or other technical protection measures and
Micro Focus may monitor your compliance with the Agreement, remotely or otherwise. If Micro Focus
makes a license management program for recording and reporting license usage information, you will use
such program no later than 180 days from the date it's made available.
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© Copyright 2015-2017 EntIT Software LLC


Micro Focus End User License Agreement – Enterprise Version

8. Ownership. No transfer of ownership of any intellectual property will occur under this
Agreement.

9. Copyright Notices. You must reproduce copyright notices on software and documentation for
authorized copies.

10. Operating Systems. Operating system software may only be used on approved hardware and
configurations.

11. 90-day Limited Warranty for Micro Focus Software.


 Micro Focus -branded software materially conforms to its specifications, if any, and is free of
malware at the time of delivery; if you notify Micro Focus within 90 days of delivery of non-conformance
to this warranty, Micro Focus will replace your copy. This Agreement states all remedies for warranty
claims.
 Micro Focus does not warrant that the operation of software will be uninterrupted or error free,
or that software will operate in hardware and software combinations other than as authorized by Micro
Focus in Supporting Material. To the extent permitted by law, Micro Focus disclaims all other warranties.

12. Intellectual Property Rights Infringement. Micro Focus will defend and/or settle any claims
against you that allege that Micro Focus -branded software as supplied under this Agreement infringes the
intellectual property rights of a third party. Micro Focus will rely on your prompt notification of the claim
and cooperation with our defense. Micro Focus may modify the software so as to be non-infringing and
materially equivalent, or we may procure a license. If these options are not available, we will refund to you
the amount paid for the affected product in the first year or the depreciated value thereafter. Micro Focus
is not responsible for claims resulting from any unauthorized use of the software.

13. Limitation of Liability. Micro Focus’s liability to you under this Agreement is limited to the
amount actually paid by you to Micro Focus for the relevant software, except for amounts in Section 12
("Intellectual Property Rights Infringement"). Neither you nor Micro Focus will be liable for lost revenues
or profits, downtime costs, loss or damage to data or indirect, special or consequential costs or damages.
This provision does not limit either party's liability for: unauthorized use of intellectual property, death or
bodily injury caused by their negligence; acts of fraud; willful repudiation of the Agreement; or any liability
that may not be excluded or limited by applicable law.

14. Termination. This Agreement is effective until terminated or in the case of a limited-term license,
upon expiration; however, your rights under this Agreement terminate if you fail to comply with it.
Immediately upon termination or expiration, you will destroy the software and documentation and any
copies, or return them to Micro Focus. You may keep one copy of software and documentation for archival
purposes. We may ask you to certify in writing you have complied with this section. Warranty disclaimers,
the limitation of liability, this section on termination, and Section 15 ("General") will survive termination.

15. General.

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© Copyright 2015-2017 EntIT Software LLC


Micro Focus End User License Agreement – Enterprise Version

a. Assignment. You may not assign this Agreement without prior written consent of Micro
Focus, payment of transfer fees and compliance with Micro Focus’s software license transfer
policies. Authorized assignments will terminate your license to the software and you must deliver
software and documentation and copies thereof to the assignee. The assignee will agree in
writing to this Agreement. You may only transfer firmware if you transfer associated hardware.
b. U.S. Government. If the software is licensed to you for use in the performance of a U.S.
Government prime contract or subcontract, you agree that, consistent with FAR 12.211 and
12.212, commercial computer software, computer software documentation and technical data
for commercial items are licensed under Micro Focus’s standard commercial license.
c. Global Trade Compliance. You agree to comply with the trade-related laws and
regulations of the U.S. and other national governments. If you export, import or otherwise
transfer products provided under this Agreement, you will be responsible for obtaining any
required export or import authorizations. You confirm that you are not located in a country that is
subject to trade control sanctions (currently Cuba, Iran, N. Korea, N. Sudan, and Syria) and further
agree that you will not retransfer the products to any such country. Micro Focus may suspend its
performance under this Agreement to the extent required by laws applicable to either party.
d. Audit. Micro Focus may audit you for compliance with the software license terms. Upon
reasonable notice, Micro Focus may conduct an audit during normal business hours (with the
auditor's costs being at Micro Focus’s expense). If an audit reveals underpayments then you will
pay to Micro Focus such underpayments. If underpayments discovered exceed five (5) percent,
you will reimburse Micro Focus for the auditor costs.
e. Open Source Components. To the extent the Supporting Material includes open source
licenses, such licenses shall control over this Agreement with respect to the particular open
source component. To the extent Supporting Material includes the GNU General Public License or
the GNU Lesser General Public License: (a) the software includes a copy of the source code; or (b)
if you downloaded the software from a website, a copy of the source code is available on the
same website; or (c) if you send Micro Focus written notice, Micro Focus will send you a copy of
the source code for a reasonable fee.
f. Notices. Written notices under this Agreement may be provided to Micro Focus via the
method provided in the Supporting Material.
g. Governing Law. This Agreement will be governed by the laws of the state of California,
U.S.A., excluding rules as to choice and conflict of law. You and Micro Focus agree that the United
Nations Convention on Contracts for the International Sale of Goods will not apply.
h. Force Majeure. Neither party will be liable for performance delays nor for non-
performance due to causes beyond its reasonable control, except for payment obligations.
i. Entire Agreement. This Agreement represents our entire understanding with respect to
its subject matter and supersedes any previous communication or agreements that may exist.
Modifications to the Agreement will be made only through a written amendment signed by both
parties. If Micro Focus doesn't exercise its rights under this Agreement, such delay is not a waiver
of its rights.

16. Australian Consumers. If you acquired the software as a consumer within the meaning of the
'Australian Consumer Law' under the Australian Competition and Consumer Act 2010 (Cth) then despite
any other provision of this Agreement, the terms at this URL apply:
https://software.microfocus.com/about/software-licensing.

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© Copyright 2015-2017 EntIT Software LLC


Micro Focus End User License Agreement – Enterprise Version

17. Russian Consumers. If you are based in the Russian Federation and the rights to use the software
are provided to you under a separate license and/or sublicense agreement concluded between you and a
duly authorized Micro Focus partner, then this Agreement shall not be applicable.

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© Copyright 2015-2017 EntIT Software LLC